Read the full stored bill text
23LSO-0492
2023
STATE OF WYOMING
23LSO-0492
Numbered
2.0
HOUSE BILL NO. HB0136
Capital construction amendments.
Sponsored by: Representative(s) Larsen, L, Walters and Wylie and Senator(s) Gierau
A BILL
for
AN ACT relating to the administration of government; amending requirements for state capital construction projects and maintenance of state buildings; amending definitions relating to procurement of materials, goods, services and projects for capital construction and maintenance by state agencies; allowing contracts for public works to be let to nonresidents under specified circumstances; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 9
‑
2
‑
3001(b)(ii), 9
‑
2
‑
3202(a) by creating paragraph (xi), 16
‑
6
‑
102(a), 16
‑
6
‑
401(a)(ix), 16
‑
6
‑
1001(f)(i), 21
‑
18
‑
202(d)(v)(intro) and (A) and 21
‑
18
‑
319(e)(ii) are amended to read:
9
‑
2
‑
3001.
State construction department created; definitions.
(b)
As used in this article:
(ii)
"Capital construction project" means new construction, demolition
,
or
renovation
and capital renewal
as defined by W.S. 16
‑
6
‑
401(a)(ix)
of or to any public
building or facility
property
and any other public improvement
, alteration or enlargement
necessary for the public
building or facility
property
, major maintenance as defined in W.S. 16
‑
6
‑
101(a)(v)
, capital renewal as defined in W.S. 21
‑
18
‑
202(d)(v)(A)(II)
and major building and facility repair and replacement as defined in W.S. 21
‑
15
‑
109(a)(iii)
. "Capital construction project" shall include state or federally funded projects let by an agency or the University of Wyoming that do not involve public property if the project would otherwise meet the definition of a capital construction project
;
9
‑
2
‑
3202.
Definitions; powers generally; duties of governor; provisions construed; cooperation with legislature and judiciary; divisions enumerated.
(a)
As used in this act:
(xi)
"Routine maintenance and repair" means activities necessary to keep a public building, property or facility in safe and good working order so that it may be used at its original or designed capacity for its originally intended purposes, including janitorial, grounds keeping and maintenance tasks done on a routine basis by agency personnel with exceptions for any routine tasks accomplished by contractors such as elevator or other specialized equipment or building system maintenance.
16
‑
6
‑
102.
Resident contractors; preference limitations; decertification; denial of application for residency.
(a)
If a contract is let by a public entity for a public work, the
contract shall be let, if advertisement for bids or request for proposal is not required, to a resident of the state.
following shall apply:
(i)
If advertisement for bids is required, the contract shall be let to the responsible certified resident making the lowest bid if the certified resident's bid is not more than five percent (5%) higher than that of the lowest responsible nonresident bidder
;
(ii)
If advertisement for bids or request for proposal is not required, the contract shall be let to a resident of the state, provided that if the services required are not offered by any known resident of the state, the public entity may let the contract to a nonresident
.
16
‑
6
‑
401.
Definitions.
(a)
As used in W.S. 16
‑
6
‑
401 through 16
‑
6
‑
403:
(ix)
"Renovation" means
revision to a major facility which will affect more than fifty percent (50%) of the gross floor area in the building.
work done to a public property to restore it to a condition that is functional for its intended purpose and for the purpose of making it code compliant, including architectural and structural changes and the modernization of mechanical and electrical systems. "Renovation" includes the repair, strengthening or restoration of major building systems or structures to a safe condition. "Renovation" does not include work that consists primarily of routine maintenance, minor repairs and replacement due to normal use, wear and tear or deterioration.
16
‑
6
‑
1001.
Capital construction projects restrictions; preference requirements; waivers.
(f)
As used in this section:
(i)
"Capital construction project" means
new construction, demolition, renovation and capital renewal of or to any public building or facility and any other public improvement necessary for the public building or facility, major maintenance
as defined in W.S.
16
‑
6
‑
101(a)(v) and major building and facility repair and replacement as defined in W.S. 21
‑
15
‑
109(a)(iii)
9
‑
2
‑
3001(b)(ii)
;
21
‑
18
‑
202.
Powers and duties of the commission.
(d)
The commission shall perform the following approval functions:
(v)
Approve all
new
capital construction projects in excess of one hundred thousand dollars ($100,000.00) for which state funds are or could be eventually applied.
"
New
C
apital construction projects" include:
(A)
New construction,
demolition,
renovation and capital renewal in excess of one hundred thousand
dollars
($100,000.00) market value which is not
necessary
routine
maintenance
or
and
repair
as defined by W.S. 9
‑
2
‑
3202(a)(xi). For purposes of this subparagraph:
(I)
"Renovation" as defined by W.S. 16
‑
6
‑
401(a)(ix) refers to capital construction projects that are constructed on property owned by community colleges. The community colleges shall be responsible for funding not less than fifty percent (50%) of the construction cost from sources other than state general funds
;
(II)
"Capital renewal" means capital construction infrastructure upgrades and replacement projects that are necessary for continued functionality of a public facility or public property that are not new construction and are not funded solely with major maintenance funds.
21
‑
18
‑
319.
Student dormitory capital construction loans; rulemaking; requirements; reporting; definition.
(e)
As used in this section:
(ii)
"Capital construction"
or "construction"
includes new construction,
demolition,
renovation
as defined by W.S. 21
‑
18
‑
202(d)(v)(A)(I)
or capital renewal.
Section 2
.
This act is effective July 1, 2023
.
(END)
1
HB0136